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Patna High Court

Viru KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to a bond and specific conditions.

Summary

Viru Kumar was arrested on 27 February 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for the alleged possession of 150 litres of country‑made Mahua wine. The petitioner claimed he was falsely implicated, stating that the co‑accused had disclosed that the wine was recovered from the co‑accused and that the petitioner merely escaped from the scene. The prosecution opposed bail, highlighting eight prior criminal antecedents, though the petitioner was already on bail in seven other cases and one case was pending. The court examined the facts, the co‑accused’s statement, and the petitioner’s criminal record, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed that any breach of conditions could lead to cancellation of bail.

Issues considered

  • What is the appropriate exercise of judicial discretion in granting bail to an accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, considering the presence of prior criminal antecedents?
  • Whether the co‑accused’s statement that the petitioner merely escaped from the scene is sufficient to justify bail despite the recovery of a large quantity of illicit liquor.

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Mahua wine
  • criminal antecedents
  • co‑accused statement
  • judicial discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24813 of 2026
                      Arising Out of PS. Case No.-36 Year-2026 Thana- MALSALAMI District- Patna
                 ======================================================
                 Viru Kumar S/o- Hoti Rai Resident Of Village- Purvi Nandgola, Ps-
                 Malsalami, Dist- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Prasad Singh, Advocate
                 For the Opposite Party/s :      Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-04-2026                    Heard Mr. Arvind Prasad Singh, learned counsel for

                   the petitioner and Mr. Umanath Mishra, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   27.02.2026 in connection with Malsalami P.S. Case No. 36 of

                   2026, F.I.R. dated 21.01.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

                               3. Recovery is of 150 liters of country made Mahua

                   wine.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that altogether 150 liters of

                   country made Mahua wine has been recovered from the co-

                   accused Chottu Kumar @ Suraj Giri and he has disclosed the
Patna High Court CR. MISC. No.24813 of 2026(2) dt.22-04-2026
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          name of the petitioner in the present occurrence that he escaped

          from the place of occurrence. He further submits that except the

          disclosure made by the apprehended co-accused person, nothing

          has come during investigation which suggest the involvement of

          the petitioner in the present occurrence. The petitioner is in

          custody since 27.02.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that the petitioner carries eight criminal antecedents

          other than the present one but fairly submits that he is on bail in

          seven cases and one case is pending for consideration before the

          competent court of law.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Special

          Judge, Excise Patna City in connection with Malsalami P.S.

          Case No. 36 of 2026 subject to the following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court

           and shall remain physically present as directed by the court and

           on his absence on two consecutive dates without sufficient
            Patna High Court CR. MISC. No.24813 of 2026(2) dt.22-04-2026
                                                        3/3




                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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